Politician fumes in planning democracy row

Trusted article source icon
Thursday, January 21, 2010
Profile image for This is Bath

This is Bath

Conservation campaigners say politicians are increasingly being cut out of the planning process by a drive to meet Government targets for handling development applications.

One councillor has lodged a formal complaint about a decision not to refer a scheme which attracted more than 30 objections to Bath and North East Somerset Council's development control committee.

Instead, the application to knock down a house at Percy Place off London Road and replace it with two new homes was approved under delegated powers by a planning officer.

The council says it has been under pressure from the Government to improve its record on dealing with applications promptly for seven years, and that it is now meeting Whitehall targets.

Less than three per cent of all planning applications in B&NES are now decided by elected politicians.

Five years ago, the Royal Institute of British Architects complained that the planning system in Bath was "in danger of collapse" because of delays in making decisions, while three years ago design expert Stephen Bayley accused civic leaders of being "spineless" in the face of conservation campaigners.

A decision on whether a plan needs to go before the committee - where it can be debated and where members of the public can also have their say - rests with committee chairman Councillor Les Kew.

He has declined to comment other than to say the application by McCarthy Homes was an amendment to a scheme which had also been dealt with under delegated powers.

Mr Kew (Con, High Littleton) was asked by local member Councillor David Dixon (Lib Dem, Walcot) to put the Percy Place scheme on a committee agenda.

Mr Dixon describes Mr Kew's decision to leave it in the officer's hands as "nuts" and has now made a complaint under B&NES's official procedures.

"How one councillor gets to decide that a fair public hearing is not worthy of an application that received so much objection has left me pretty much depressed at the state of democracy, to be quite honest.

"It's a crazy proposal and a crazy decision to approve it."

The Bath Heritage Watchdog pressure group is worried by volume of decisions made by officials.

A spokesman said: "Ward councillors are elected to represent their ward, and it stifles local democracy if when they try to do that with planning applications which adversely affect their ward, they can be thwarted at the whim of one person.

"It is entirely wrong that council policy should be designed to render ward councillors ineffective. The system must be changed."

On its website, the group adds: "Effectively the voters in High Littleton have elected somebody who can disenfranchise the electorate in every other ward in B&NES."

The row comes as dozens of jobs are under threat in the planning department as politicians battle to balance the council's books.

Bath Preservation Trust chief executive Caroline Kay, whose group objected to the scheme, said: "With the threat of a third of the planning staff losing their jobs, it's increasingly important for councillors to take a leading role."

Neighbour Jon Barton was one of the objectors. He said: "The development is not in keeping with any of the houses within the area, particularly the grade two listed buildings it will be positioned in front of. In my opinion, there is something not quite right about how this whole thing has been rushed through and passed, ignoring all input from residents."

Stephen Turner, who lives to the rear of nearby Alexander Buildings and whose wife struggled to get permission to build a single house in Ringswell Gardens five years ago, said he was incensed.

"We had to, rightly or wrongly, jump through many hoops involving the planners, committees, the Environment Agency and consultations with neighbours.

"As a result a beautiful, modest, two-storey house was granted planning permission and has now been built. Needless to say when we sought permission, we wanted a larger three-storey non-Bath Stone dwelling to maximise profits – but this was rejected in order that the property should fit sympathetically into a World Heritage City.

"In view of this we fail to see how a larger number of dwellings, which in my opinion are less sympathetic in style and have a far greater impact on other residents - evidence of this in over 30 objections – can even be granted permission, let alone not even reach a committee."

In a statement, B&NES said it had begun falling foul of Government target timescales for determining planning applications in 2003.

"The council needed to find ways to help achieve these targets and improve our service for applicants. Since approving the council's planning scheme for delegation in November 2007, which has resulted in more applications being determined by planning officers and fewer decided through the committee process, the planning service has been successful in speeding up planning application decisions for most people.

"It has provided better value for money for the local taxpayer because the process is now more efficient. The council is now meeting Government targets."

Applications can be referred to the committee if a ward councillor requests this in writing within a set-down timescale.

The council said: "They need to specify the planning reasons for the request and at this point the case is referred to the chair of the development control committee, who will consider whether to refer the application to committee, taking into account relevant material considerations raising significant planning concerns, significant implications for adopted policy and the nature, scale and complexity of the proposed development."

The scheme was designed by award-winning architect Alvin Howard of Melksham firm Bolingbroke, who declined to comment.

In a statement, the RIBA said: "Whilst we are unable to comment on the specifics of the application in question, the Royal Institute of British Architects and the Royal Town Planning Institute fully support the principle of delegated powers in the determination of applications in accordance with the schemes of delegation that have been established by local authorities.  

"Planning officers are working under significant pressures of time and resources to deliver decisions, many of which contribute to the growing success of the city of Bath and its surrounding area.  Where processes have been established to assist in the delivery of development that conforms to the local development plan these should be encouraged and supported at all levels."

22
Tweet this article
Report

22 Comments

  • Profile image for This is Bath

    by Peter Streater, Bathwick

    Sunday, January 24 2010, 12:20PM

    “Ian, Bath - For democratically elected politicians to use 'planning' to avoid democratic process is a divisive culture that must be held accountable.

    It's obvious from your comments on the BRT (and its related Bath Transportation Package) that you have no information on how planning processes have been manipulated and circumvented by B&NES council to achieve their pre-determined objectives.

    Your answer that: "The planning officer recommended for the BRT to be permitted to which the Members agreed" is misleading and untrue, because on July 8th DC committee members clear disagreement with planning recommendations was inexplicably ignored.

    Your answer that: "Reducing congestion will help improve business efficiency. There is no question of that. Whether the BRT scheme actually will I think we will never know," is also misleading and untrue, because B&NES council's own documentation reveals that there is absolutely no basis for this claim.

    To continue to proceed then, by spending £60 million of taxpayers money on something you say we might never be able to assess the benefits of, is plainly ridiculous.

    Your answer: "Democracy is about having the chance to say what you want and then accept the decisions of elected politicans in good grace. Its not about getting what you want" is true, but completely misses my point that implementation of the Bath Transportation Package has not followed any democratic principles.

    I've no doubts that it will be dealt with (your point 5). In the meantime, I suggest you should deal with the issue of finding documentation that unambiguously supports both your own made here and other purely aspirational claims regarding the BRT.”

  • Profile image for This is Bath

    by Dave, Larkhall

    Sunday, January 24 2010, 8:11AM

    “As a matter of interest Fed Up, and as a planner yourself, answer me this. Why is there a necessity for a large number of private planning practices in the UK?”

  • Profile image for This is Bath

    by Dave, Larkhall

    Saturday, January 23 2010, 6:39PM

    “Pedantic point Fed Up. The act was completed and titled 1947 and as a planner yourself you know no one ever refers to the planning act of 48. So on this mute point we can but agree to disagree.

    You state:
    "I for one would rather the planners make the decisions, after all, they are trained and educated in the system and work it on a daily basis."

    This is precisely the core of my argument. They work the system!

    I feel very strongly that they should be given more powers not less, but they must be given, and take the responsibility of a more pro-active, creative role within development proposals. After all they have the final say at the end of the day, but are perceived to be nothing more than policeman, judge and jury. There is no such thing as planning law of precedence, as my neighbour found out to his cost. The whim or mood of the planning officer concerned was paramount. Is that fair and reasonable?

    As for planning refusals. Must admit to never having suffered one, so that does not tarnish my view point.”

  • Profile image for This is Bath

    by Fed up of Larkhall, Bath

    Saturday, January 23 2010, 6:01PM

    “The Planning Act of 1947 actually came into effect on 1st July 1948...So technically Dave, you are wrong (not for the first time)

    With regard to the downturn, applications have dropped by 20% and to cut jobs at this point is simply short termist and short sighted, the markets are already picking up and so are applications. Isn't it going to be a wonderful place to live in when all of the planners are struggling to do more work with less resources - still, will give you something to keep winging about!

    I for one have had nothing but good, high quality service from the planners at B&NES and also in other authorities, and as a qualified planner myself am fully aware of the political pressures they sometime face and how hard it is to manage the expectations of one and all. Without a planning system - irrespective of your feelings about it - this country would be in a horrendous state (take, any country that has problems with shanty towns for example) and if our system is so bad why is it the model that forms the basis of systems in Australia, NZ, South Africa, Canada and many more nations?

    Sadly through experience, it always seems to be the ones who never got their permissions that bad mouth planners and the jobs they do.

    With regard to the article itself, the scheme of delegation, as I understand it, was brought in to cut down on so many "petty" applicataions going to Committee, wasting time and energy. The result is that only those cases that need to go do. You have to remember that whilst the Committee gives a "fair" forum of debate, at the end of the day, the members are elected local politicians who are concerned with keeping their seats. Sadly, this country is marked by so many poor decisions that were "politically" made - you only have to look back 20 or 30 years when it wasn't uncommon for members to be "influenced" by developers into granting decisions totally in the face of Policy. I for one would rather the planners make the decisions, after all, they are trained and educated in the system and work it on a daily basis. Cut them some slack.”

  • Profile image for This is Bath

    by Ian, Bath

    Saturday, January 23 2010, 5:02PM

    “Peter

    Point 1: Thats a politics issue, not a planners decision. Blame elected leaders for that. Hardly reason to sack planners over.

    Point 2: The planning officer recommended for the BRT to be permitted to which the Members agreed.

    Point 3: That is the view of the applicants (The Development and Major Protects team of the Council) who are are a different department to Planning. Planning only made a recommendation on the scheme to elected Members who agreed.

    Point 4: Reducing congestion will help improve business efficiency. There is no question of that. Whether the BRT scheme actually will I think we will never know,

    Point 5: Yes it is. Deal with it.
    Democracy is about having the chance to say what you want and then accept the decisions of elected politicans in good grace. Its not about getting what you want.”

        Add your comments

        max 4000 characters
         
         
         
         
         
         

        Tell us about your area

        Got some interesting news? Write about it and let your whole community know.

          Write an article